BILL NUMBER: SB 1413	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 22, 2010
	AMENDED IN SENATE  JUNE 1, 2010

INTRODUCED BY   Senator Leno

                        FEBRUARY 19, 2010

   An act to add  Sections 35182.7 and 49571  
Section 38086  to the Education Code, relating to schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1413, as amended, Leno. Schools: pupil nutrition: availability
of tap water. 
    Existing law authorizes the governing board of a school district
to establish cafeterias in the schools under its jurisdiction
whenever in its judgment it is advisable to do so and to make the
cost of water, electricity, gas, coal, wood, fuel oil, and garbage
disposal a charge against the funds of the school district. 

   Existing law permits the sale of only certain beverages to pupils
at schools. The beverages that may be sold include fruit-based and
vegetable-based drinks, drinking water, milk, and an electrolyte
replacement beverage if those beverages meet certain nutritional
requirements.  
   This bill would require a school district to provide access to
free, fresh drinking water during meal times in school food service
areas by January 1, 2012, unless the governing board of a school
district adopts a resolution stating that it is unable to comply with
this requirement and stating the reasons why it is unable to comply.
The resolution would be required to be publicly noticed on at least
2 consecutive meeting agendas and approved by at least a majority of
the governing board.  
   Existing law prohibits the governing board of a school district
from entering into a contract that grants exclusive advertising
rights, or grants the right to the exclusive sale of carbonated
beverages, throughout the district to a person, business, or
corporation unless the governing board of the school district has
adopted a policy after a public hearing to ensure that the district
has internal controls in place regarding the expenditure of public
funds.  
   Under existing law, these provisions are applicable to a contract
for the sale of carbonated beverages or nonnutritious beverages or
nonnutritious food, as defined, within the school district. In
addition, existing law prohibits a governing board from entering into
or renewing that contract or authorizing a school within the
district to enter into or renew that contract, unless the governing
board provides to parents, guardians, pupils, and members of the
public an opportunity to comment on the contract during a public
hearing conducted at a regularly scheduled board meeting. Existing
law also requires the board to clearly identify in the meeting agenda
the contract to be discussed. Existing law further specifies certain
activities that meet the public hearing requirements for beverage
and food contracts. Existing law prohibits the contract from
including a confidentiality clause, and requires the board to make
the contract accessible to the public.  
   This bill, notwithstanding the provisions described above, would
prohibit the governing board of a school district from entering into,
or renewing, a contract that restricts the availability of free tap
water on the school campus. The bill would authorize each school
district to provide free tap water in school food service areas, as
defined in federal regulations, including, but not necessarily
limited to, areas where reimbursable meals under the National School
Lunch Program or the federal School Breakfast Program are served or
consumed. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 38086 is added to the 
 Education Code   , to read:  
   38086.  (a) Except as provided in subdivision (b), by January 1,
2012, a school district shall provide access to free, fresh drinking
water during meal times in the food service areas of the schools
under its jurisdiction, including, but not necessarily limited to,
areas where reimbursable meals under the National School Lunch
Program or the federal School Breakfast Program are served or
consumed. A school district may comply with this section by, among
other means, providing cups and containers of water or soliciting or
receiving donated bottled water.
   (b) The governing board of a school district may adopt a
resolution stating that it is unable to comply with the requirements
of this section and stating the reasons why it is unable to comply.
The resolution shall be publicly noticed on at least two consecutive
meeting agendas and approved by at least a majority of the governing
board.  
  SECTION 1.    Section 35182.7 is added to the
Education Code, to read:
   35182.7.  Notwithstanding any other provision of law, the
governing board of a school district shall not enter into, or renew,
a contract that restricts the availability of free tap water on the
school campus.  
  SEC. 2.    Section 49571 is added to the Education
Code, to read:
   49571.  A school district may provide free tap water in school
food service areas, as defined in federal regulations, including, but
not necessarily limited to, areas where reimbursable meals under the
National School Lunch Program or the federal School Breakfast
Program are served or consumed.